Distracted Driving and Your South Carolina Driver’s License
Violating the new hands-free law does not result in a loss of points for a first offense. Instead, it is a civil infraction that carries a fine. However, repeat violations can lead to points on your license, which can have serious consequences.
- First Offense: A fine of $100. No points are assessed.
- Second or Subsequent Offense (within three years): A fine of $200 and 2 points on your driving record.
The law includes a 180-day grace period from its effective date (September 1, 2025) during which law enforcement is only issuing warnings to help educate the public. After that, tickets and fines will be issued, and points will be assessed for repeat offenses.
The South Carolina Point System Explained
The South Carolina Department of Motor Vehicles (SCDMV) uses a point system to monitor drivers’ records and ensure safe driving habits. If you accumulate too many points, your license can be suspended.
- Warning Letter: If you accumulate 6 or more points, the SCDMV will send you a warning letter.
- License Suspension: If you accumulate 12 or more points, your license will be suspended. The length of the suspension depends on the number of points:
- 12-15 points: 3-month suspension
- 16-17 points: 4-month suspension
- 18-19 points: 5-month suspension
- 20 or more points: 6-month suspension
While 2 points for a distracted driving violation may not seem like a lot on its own, they can quickly add up, especially if combined with other traffic violations like speeding.
Reducing Points on Your License
If you have points on your record, you may be able to have them reduced. According to the SCDMV, you can reduce your point total by 4 points by completing the National Safety Council’s 8-hour Defensive Driving Course or an equivalent. This option can only be used once every three years.
For more information on the South Carolina point system and traffic laws, you can visit the following official sources:
- South Carolina Department of Public Safety (SCDPS): Hands-Free SC
- South Carolina Legislature Online: Bill H.3276 (South Carolina Hands-Free and Distracted Driving Act)
- South Carolina Department of Motor Vehicles (SCDMV): Points System
Need to Know: “New” SC Hands-Free and Distracted Driving Act
Drivers in South Carolina can no longer hold or balance a phone with their body while operating a vehicle.
This change comes from the South Carolina Hands-Free and Distracted Driving Act, which officially took effect September 1, 2025. The law reshaped how drivers are legally allowed to use mobile devices behind the wheel. Under this act, it is illegal to hold or physically support an electronic device such as a cell phone with any part of your body while driving. This rule applies even if you are stopped at a traffic light or stop sign, though there is an exception for vehicles that are legally parked or fully stopped off the roadway.
What makes this law especially impactful is that it is now considered a primary offense. In other words, police officers can pull you over and ticket you solely for holding your phone while driving. Before this law, officers needed another reason like reckless swerving or speeding before stopping someone for suspected texting and driving.
Distracted Driving in South Carolina: A Quick Look
The issue of distracted driving is a significant concern in South Carolina. According to the South Carolina Department of Public Safety (SCDPS), the state averages two crashes every hour involving a distracted driver. This alarming statistic highlights the constant danger posed by inattentive drivers on South Carolina’s roads.
- Fatalities and Injuries: South Carolina has one of the highest fatality rates from traffic collisions in the nation. In 2019 alone, there were 18,936 crashes where distracted driving was a contributing factor.
- Common Crash Types: Distracted driving often leads to preventable accidents, such as rear-end collisions.
- Prevalence: While many assume distracted driving is primarily a problem for young drivers, statistics show that distracted driving-related crashes happen across all age groups.
Remember Safety First: Always Keep Your Focus While Driving
Your safety is always the top priority. Staying hands-free and focused on the road not only helps you avoid tickets but also keeps you, your passengers, and other drivers safe. With the new law taking full effect soon, now is the best time to build safer habits behind the wheel.
If you are unfortunately involved in an accident with a distracted driver, don’t worry, Hoffman Law Firm can help!
Our personal injury law firm proudly advocates for accident victims throughout the Palmetto State. As the locals’ trusted personal injury law firm, we have extensive experience handling a wide range of cases.
We have established a reputation for success and excellent service! To meet with a member of our team, schedule your free consultation today. We are here to help!
For More on South Carolina Traffic Laws:
- South Carolina Department of Public Safety: Hands-Free Act
- South Carolina Department of Public Safety: Distracted Driving
- Do I Lose Points On My Driver License After an Auto Accident?
- What Should I Do When the Traffic Lights Go Out?
FAQs
How many license points will I get for using my phone while driving?
Under the new SC Hands Free Act, the first offense for being caught driving while using your phone will result in a $100 fine with no points on your license. The second offense carries a $200 fine and 2 points on your driving record.
In South Carolina, texting, emailing, or using the internet while driving counts as distracted driving. The state treats this as a primary offense because it puts people in danger. More serious violations, such as reckless or unsafe driving, can lead to even higher point penalties.
How do traffic violations affect my car insurance?
Getting a ticket can cause your insurance company to raise your rates. Here is how it typically works:
- Reporting: The South Carolina Department of Motor Vehicles (SCDMV) sends your violation details to your insurance provider.
- Risk review: Insurance companies look at your record. A clean history means you are a lower risk and pay less. If you have violations, especially ones that add points, your risk level goes up.
- Rate increase: Your insurance company may add a surcharge to your premium. This extra cost can stay on your policy for several years. More serious violations often lead to much bigger increases compared to minor ones.
The best way to keep your insurance costs down is to avoid violations altogether.
Does South Carolina have a Hands-Free Law?
Yes. South Carolina’s Hands-Free and Distracted Driving Act went into effect on September 1, 2025. It makes it illegal to hold a phone or mobile device while driving.
Are there exceptions for emergencies or reporting accidents?
Yes. You can use your phone to call emergency services or report a crash. Even if you need to touch your phone to make the call, you are allowed to do so in these situations.
Do first responders have exceptions?
Yes. Police officers, firefighters, and other emergency workers can use their devices while on duty if it is necessary for their job.
Can I talk on the phone while driving in South Carolina?
Yes, but you must use hands-free equipment. The law does not allow you to hold your phone with your hand or body. You can use Bluetooth, a headset, or speaker mode as long as you are not holding the device.
Am I allowed to hold my phone while driving in South Carolina?
No. The Hands-Free and Distracted Driving Act bans drivers from holding a phone or mobile device behind the wheel. It also prohibits texting, typing, watching videos, or recording videos while driving.
Can the police ticket me for using my phone at a stoplight in South Carolina?
No, not if your car is completely stopped. The law states that it does not apply if you are legally parked or stopped. Once your car starts moving again, the law applies.
Can I use voice-to-text or voice commands while driving?
Yes. You can use voice commands to make calls or send messages as long as your phone is mounted and you are not holding it. The law allows voice recognition, but your hands must stay on the wheel.
What if I need GPS or navigation while driving?
You can use navigation apps or devices, but they must be secured in a proper mount. Once you are driving, you should avoid touching the screen. It is best to set your destination before starting your trip so you can keep your focus on the road.
Disclaimer by Hoffman Law Firm:
Hoffman Law Firm believes the information and specifications on this website to be correct at the time of publishing.
The details shared in this article are intended solely for general informational purposes and should not be interpreted as guidance on government services, financial matters, or legal issues. We are not government officials, financial consultants, or legal experts, and the information provided does not serve as professional advice from a certified specialist. For personalized recommendations tailored to your specific situation, please consult a licensed professional.
